[WSBAPT] Revoked portion of Will

[Kendel Froese]

Good morning colleagues:

I have an interesting probate question:
Decedent executed a Will and died a month later. Within this month, he made
a slew of handwritten & initialed "changes" to the Will. A few were
changing dollar amounts of gifts, which I don't think are valid. But the
Decedent also used a permanent marker to completely strike through a gift.
I am curious if RCW 11.12.040(1)(b)
<https://app.leg.wa.gov/rcw/default.aspx?cite=11.12.040> applies -

*(1) A will, or any part thereof, can be revoked:*
*(b) By being burnt, torn, canceled, obliterated, destroyed, or a physical
act, with the intent and for the purpose of revoking the same, by the
testator or by another person in the presence and by the direction of the
testator. If such act is done by any person other than the testator, the
direction of the testator and the facts of such injury or destruction must
be proved by two witnesses.*

I am looking at case law to see interpretations of this RCW, but wanted to
reach out to the brain trust to see if anyone has experience with this RCW
or can reference case law to give me a shortcut.

Thank you in advance!

Warmly,
Kendel

--

Kendel Froese

Attorney, Froese Law PLLC <https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

Instantly schedule an appointment with me here
<https://calendly.com/froeselawpllc>!

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